Grace v. Board of Health
Massachusetts Supreme Judicial Court
Two petitions for writs of certiorari, to quash certain proceedings and orders of assessment of the board of health of the city of Newton. The cases were heard together by Field, J., who reserved them for the consideration of the full court, such, orders to be made therein as law and justice might require. The facts appear in the opinion.
1Opinion of the CourtField, J.
The St. of 1868, c. 160, provides, in a sense, for a public improvement.* By § 8, the mayor and aldermen of a city, *492or the selectmen of a town, unless they are the board of health, are to have notice and be heard upon the necessity and mode of abating the nuisance. By § 5, a proportion of the expense of making the improvements, and keeping them in repair, may be ordered to be borne by the city or town, and the city or town is to pay the damages awarded, and to receive as taxes the benefits assessed. The statute was enacted for the abatement of something more than a local nuisance upon the…
2Cases cited19 opinions
- Hitchcock v. GalvestonSupreme Court of the United States · 1878
- City of Salem v. Eastern RailroadMassachusetts Supreme Judicial Court · 1868
- Dingley v. City of BostonMassachusetts Supreme Judicial Court · 1868
- Cobb v. City of BostonMassachusetts Supreme Judicial Court · 1873
- Bancroft v. City of CambridgeMassachusetts Supreme Judicial Court · 1879
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3Cited by11 opinions
- Atkinson v. City Council of NewtonMassachusetts Supreme Judicial Court · 1897
- Durgin v. MinotMassachusetts Supreme Judicial Court · 1909
- N. Ward Co. v. Street CommissionersMassachusetts Supreme Judicial Court · 1914
- Howland v. Inhabitants of GreenfieldMassachusetts Supreme Judicial Court · 1918
- Fulton v. Town of DoverSupreme Court of Delaware · 1888
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